Discussions revolve around the Biden administration's decision to release Trump's tax returns and the potential legal battle. The podcast also covers Chief Judge Howell's concerns about leniency in Jan. 6 cases, the reasons behind Congressman Thompson's withdrawal from a civil lawsuit, and the possibility of criminally charging Trump based on officer testimonies. Avenatti's wire fraud trial and his defense strategy focused on the amount owed are also discussed.
The House Ways and Means Committee has been granted access to Trump's tax returns, allowing investigation into IRS auditing procedures for presidents.
Judge Howell expressing concern about leniency in plea deals highlights the issue of deterrence in cases related to the January 6th riot.
Deep dives
Biden administration allows House committee access to Trump's tax returns
The House Ways and Means Committee has been granted access to former President Trump's tax returns for the years 2015 to 2020. This decision, supported by the Office of Legal Counsel under President Biden, allows the committee to investigate the IRS auditing process for presidents. However, Trump plans to sue to block the release of his tax returns, meaning the matter is now back in the courts.
Judge questions leniency of plea deal in January 6th riot case
In a recent plea hearing, Judge Beryl Howell expressed concern about the leniency of a plea deal offered to a defendant charged with picketing in the Capitol during the January 6th riot. While judges often voice their opinions on prosecutorial decisions, it is rare for them to reject plea agreements. Howell's remarks highlight the issue of deterrence in these cases, as some judges question whether lighter charges adequately reflect the seriousness of the offenses committed during the riot.
Michael Avenatti faces criminal trial
Michael Avenatti, the former attorney known for his representation of Stormy Daniels, is currently on trial for charges related to stealing money from clients. Avenatti has sought a mistrial, claiming that prosecutors failed to timely disclose evidence to the defense. During cross-examination of the witnesses, Avenatti disputed the exact amount of money owed, but this defense is unlikely to succeed as judges determine sentencing factors, not juries. Avenatti aims to foster a general distrust of the government through his questioning, hoping that it influences the jury's perception of the case.
The Biden administration said this week that the House Ways and Means Committee can have access to former President Trump’s tax returns. The committee says it wants the returns as part of an ongoing investigation into how the IRS audits presidents – and that Trump’s returns serve a valid legislative purpose. Trump said he’d personally sue to prevent the returns from being turned over (and he did so after we recorded this episode). Are we in for another long battle?
Also: federal judges think out loud, too. A number of the Jan. 6 cases are in front of Chief Judge Beryl Howell of the D.C. District. This week, she asked prosecutors whether the government was being overall too lenient on defendants. Ken White explains why this isn’t all that uncommon in the courtroom, and whether this actually matters as far as sentencing goes.
Then: after he was appointed chair of the Jan. 6 committee, Congressman Bennie Thompson withdrew from his Jan. 6-related civil lawsuit against Donald Trump, Rudy Giuliani, the Proud Boys and others. Was there a legal reason for this? Also: some former federal prosecutors think police officer testimony before the January 6 committee will make it more feasible to criminally charge Donald Trump. Are they right?
Finally: the Avenatti saga continues. What’s the standard for convicting somebody of wire fraud? Is it “down to the dollar,” as Avenatti wants to make the jury believe? Does that strategy make him a good lawyer? We discuss.
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